Landmark decision finds Barry Neufeld’s public statements discriminatory, hate speech
The British Columbia Human Rights Tribunal has ordered former Chilliwack school trustee Barry Neufeld to pay $750,000 to LGBTQ teachers after finding that dozens of his public statements opposing sexual orientation and gender identity resources in schools violated the Human Rights Code.
In the Feb. 18 decision, the Tribunal concluded that 24 of Neufeld’s publications were discriminatory, six constituted hate speech, and that his conduct also amounted to discrimination in employment.
The $750,000 award is to compensate members of the Chilliwack Teachers’ Association who identify as LGBTQ for injury to dignity, feelings, and self-respect.
Complaint about public statements
The complaint was brought by the British Columbia Teachers’ Federation on behalf of the Chilliwack Teachers’ Association. The Tribunal found that over a five-year period, Neufeld’s statements contributed to a discriminatory work environment for LGBTQ teachers in the district.
Neufeld’s public campaign began in October 2017 with a Facebook post describing SOGI 1 2 3 (Sexual Orientation and Gender Identity resources) as a “weapon of propaganda” and calling gender identity a “biologically absurd theory.” He wrote that “allowing children to choose their gender is nothing short of child abuse,” and linked to an article about prohibiting educational materials “based on gender theory or gender ideology.”
Two days later, he issued a public apology stating, “I am critical of an educational resource, not individuals,” and affirming that he believed in “a safe learning environment for all of our students.”
Statements about gender identity
The Tribunal found, however, that his commitment to respectful discussion “did not last,” and that he went on to make dozens of additional public statements opposing SOGI 1 2 3 and gender-affirming care for trans youth.
Throughout those statements, the Tribunal said, Neufeld advanced two core themes: that separating gender identity from biological sex is a fiction or “ideology,” and that teaching children about sexual orientation and gender identity harms them and “primes them for abuse.” He repeatedly described “gender ideology” as a “dangerous ideology,” a “fad” and a “lie” that “gaslights” children.
In his closing submissions, Neufeld argued that beliefs about gender identity independent of biological sex “are just that: beliefs. They are not hard, concrete, observable facts such as water is wet and fire is hot.” He compared what he called “gender ideology” to religious belief systems.
The Tribunal in Chilliwack Teachers’ Association v. Neufeld (No. 10) rejected that framing, stating that denying the existence of transgender people constitutes “existential denial.” It wrote: “If a person elects not to ‘believe’ that gender identity is separate from sex assigned at birth, then they do not ‘believe’ in transpeople.”
The decision added: “People can and do live beyond the binary. People can and do decide that they were assigned the incorrect gender at birth. Trans people are here, existing in schools and homes and workplaces.”
Discriminatory publications by trustee
The Tribunal found that 24 publications violated s. 7(1)(a) of the Human Rights Code as discriminatory publications because they indicated discrimination or an intention to discriminate against LGBTQ people in public education. Six publications met the higher threshold for hate speech under s. 7(1)(b) because they were likely to expose trans and/or gay and lesbian people to hatred or contempt.
Six others were dismissed under s. 7(1)(a) because they were not sufficiently connected to public education in British Columbia or were too remote from specific adverse effects.
According to the decision, Neufeld’s rhetoric relied on stereotypes linking sexual and gender diversity to sexual deviance and portrayed LGBTQ people as threats to children. The Tribunal accepted expert evidence that such messaging can contribute to discrimination, exclusion, and violence.
It found that his publications adversely affected LGBTQ teachers in the district, contributing to fear, concealment of identity, professional isolation, and in some cases resignation from employment.
$750,000 global award
As part of its remedy, the Tribunal ordered Neufeld to cease and refrain from similar contraventions and to pay $442 to one teacher for lost wages incurred in attending the hearing. It declined to order mandatory human rights training, finding his views “deeply entrenched” and concluding that training would likely have no beneficial effect.
The $750,000 global award is to be distributed equally among eligible members of the Class by the Chilliwack Teachers’ Association within six months. Post-judgment interest applies. The Tribunal described the resulting per-person amounts as “reasonable, if not modest,” given the seriousness and duration of the conduct.
The decision states that while offensive speech is not automatically hate speech, where expression promotes discrimination or exposes a protected group to hatred or contempt, the Human Rights Code applies.
Neufeld has been with the Chilliwack Board of Education for nearly 11 years.
